Statutes of limitations are Different for Each Crime

A New York Criminal Lawyer said the statutes of limitations are different for each crime or civil action. It is important to learn what the statute of limitations is that a particular court action covers. However, statutes of limitations are not carved in stone. There are exceptions to the time periods that can make it possible for a person to file a case even after the time period has passed. Sexual assaults and child abuse cases have an exception because of the age of the victims. If a person is abused while they are still too young to file a case themselves, then they may file that case when they reach legal age without regard in most cases for the statute of limitations that is involved with the crime.

One crime of this type occurred when a young woman reached legal age to make a complaint against her father. She filed a claim that stated that between November 1, 2007 and December 31, 2009, her father victimized her repeatedly in a sexual and incestuous manner. She testified in court that it occurred in their home at 6927 Costa Avenue located in Queens County, New York. She stated that the first time that her father molested her, he gave her alcoholic beverages in an attempt to loosen her morals and memory of the encounter. He then forcibly touched her vaginal area against her will. She stated that the second time, he again plied her with alcohol and fondled her vaginal area. He also grabbed her breasts on several occasions and squeezed her bottom. During one encounter, he took her into his bedroom where he exposed his penis to her. At the time that these encounters began, the girl was between twelve and fourteen years of age.

A New York Criminal Lawyer said the girl also testified that her father was physically abusive to her in other ways as well. She stated that there were occasions where he slapped her in the face and on her back and shoved her against walls. These incidents caused visible injury to the girl that was noticeable to others. She stated that she suffered from substantial pain and fear as a result of her father’s behavior. She was only fifteen years old when these incidents stopped. The father contends that the complaint should be dismissed because of the two year statute of limitations on the offenses.

A Nassau County Criminal Lawyer “`said that Iam sure that he was shocked when the court pointed out to him that when sexual offenses are committed against a child who is less than eighteen years old, the statute of limitations does not begin to run until the child has turned eighteen or the incident is reported to law enforcement. That meant that the charge was filed in an appropriate amount of time. According to police reports, she was fifteen years old when she first reported the offences. The father was also charged with endangering the welfare of a child which also has a two year statute of limitations. Here the case for endangering the welfare of child has been made with a pattern of conduct committed by the father and not with just one particular incident. Because, the case was formulated in this manner, the statute of limitations would not have started until the date of the last incident when the child was fifteen.

Since, the child reported that incident and the entire case was developed within months of that report, the filing was well within the two year barrier for the statute of limitations. The father’s request for summary judgment dismissing all of the charges is denied by the court. The court determined that the girl had presented ample evidence to raise a question of fact in this case and it will go forward to trial.

At Stephen Bilkis & Associates with its sexual abuse Lawyers, have convenient offices throughout New York and Metropolitan area. Our child abuse lawyers can provide you with advice to guide you through difficult situations. Without a criminal Lawyer, you could lose precious compensation to help your family.